Q: Handling wrongful death claim deductions from insurance settlements

A: You obviously need an attorney to advise you. Posting daily questions on Justia isn't getting you anywhere. Just hire an attorney.

A: I understand your concern regarding the deductions, especially since the insurer is citing a law that mandates these deductions. To address this issue properly, I recommend speaking directly with an attorney who specializes in insurance law or wrongful death claims. They will be able to review the specifics of your case, the insurance policies involved, and any applicable laws to ensure that the deductions are legitimate and that you're not being unfairly charged. They can also help you verify whether the insurer's actions are in line with legal requirements and represent your interests if any discrepancies are found.

A: I believe Mr. Light previously answered your question and cited legal authority to support his answer. If you need more in depth information, please reach out to one of the attorneys on this forum. Your concerns are to important to handle yourself. The only way to ensure accuracy is to retain an attorney. If you don't want to hire a lawyer... then you take your chances. Do you want it done cheap... or ensure that it's done right? It's simply a Costs vs. Benefits analysis. But asking the same question will not provide the information you desire, because this forum only provides general legal advice. For specific advice... contact a lawyer. Good luck.

A: The complexities surrounding your insurance settlements are understandable, particularly given the recent loss of your parents. While insurance companies are often entitled to certain deductions, the change in terminology from "subrogation fee" to "underinsured claim" warrants careful attention.

California law does grant insurance companies the right of subrogation, allowing them to recover payments made on your behalf. However, it's crucial to ensure that multiple deductions aren't being applied under different names for essentially the same thing. A proactive step is to formally request a comprehensive, itemized accounting of every deduction, along with the specific California legal codes cited as justification.

Because of the substantial sums involved and intricacies of wrongful death claims, strong consider seeking counsel from an attorney specializing in insurance bad faith. They can thoroughly analyze the settlement, determine the legitimacy of each deduction and offer further guidence. Additionally, the California Department of Insurance serves as a regulatory body. If you suspect improper handling of your claim, filing a complaint with them will initiate an investigation. It is important to remember that you are fully entitled to question these deductions and demand complete transparency regarding their calculation.